CIC accuses Mutula of altering Bills

The team charged with implementation of the new Constitution has clashed with Justice minister Mutula Kilonzo of alteration key Bills.

Commission on Implementation of the Constitution (CIC) on Tuesday accused Mr Kilonzo of making “material changes of a constitutional nature” to the Political Parties Bill and the Kenyan Human Rights Commission Bill.

CIC maintains that it should have the final approval on Bills before they are presented to Parliament.

Mr Nyachae, who was reluctant to disclose the nature of the changes, on Tuesday petitioned President Mwai Kibaki and Prime Minister Raila Odinga over the practice, which he said, had been routine.

He promised to issue a comprehensive statement on the changes on Thursday.

“The matter is now reaching alarming levels where the Cabinet without reference to CIC, makes fundamental changes of constitutional nature to a Bill that CIC has approved and the Executive proceeds to publish and table it in Parliament,” he said.

The Commission was reacting to statements by the Mr Kilonzo blaming it for delay of the Elections Bill.

But Mr Kilonzo denied the accusations and challenged Mr Nyachae to come clear on the whereabouts of the Bill.

“Their is a smokescreen to avoid responsibility for the delay of the Elections Bill. The Bill should be processed by August 26 and it has been with the Commission for a long time,” said Mr Kilonzo.

"The accusations are a cover up. Let them give me the important Bill. Altering Bills as advised by Cabinet is my work and if they find the changes unacceptable they should engage Parliament, which is the final authority on legislation,” Mr Kilonzo told Nation.

However, Mr Nyachae said they received the Bill last Friday from the Law Reform Commission, which is under the Justice ministry.

He said the Commission had started reviewing it and blamed the delay on the ministry.

Mr Nyachae said the commission was not in the “business of engaging in a blame game.”

“Like the ministry, we do not enjoy the luxury of double-speak or populists political standing,” he said.

Further, Mr Nyachae asked President Kibaki and Mr Odinga to use an open process of replacing Attorney-General Amos Wako who is set to leave the State Law office soon.

“The process should be in conformity with constitutional principles of transparency and fair competition,” he said.